Terms of Use

Terms of Use

The Bongofree.com (the "Site") is an online classified ads and community website provided by Bongofree.com, subject to your compliance with the terms and conditions set forth below.

· Please read this document carefully before accessing or using the site.

· Announcement : refers to all the elements and data (visual, textual, sound, photographs, drawings), presented by an Advertiser editorial under his sole responsibility, in order to buy, rent or sell a product or service and broadcast on the Website and Mobile Site.

· Advertiser : means any natural or legal person, a major, established in Tanzania, holds an account and having submitted an announcement, from it, on the Website. Any Advertiser must be connected to the Personal Account for deposit and or manage its ads. Ad first deposit automatically entails the establishment of a Personal Account to the Advertiser.

· Personal Account : refers to the free space than any Advertiser must create and which it should connect from the Website to disseminate, manage and view its ads.

· Abudist Mediatech: means the company that publishes and operates the Website and Mobile Site The Website and the Bongofree.com Service is a website operated by Abudist Mediatech ("we", "us" or "our"). Our service allows users in Tanzania to post items for advertisement. Our main office is 4 Orwell House Cambridge CB4 0PP. Abudist Mediatech is a trading name of Decent Services Ltd, Registered under number Number is 07425851 England and Wales.

By accessing the site or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by the terms and conditions, you may not access or use the site. Bongofree.com may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.

Access to and Use of this Website and the Bongofree.com Service

People under 13:

Bongofree.com is not directed at children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, you may not register with or use Bongofree.com. Any person who registers with Bongofree.com represents to us that they are 13 years of age or older.

People aged between 13 and 18:

We recommend that young people aged 13 years of age or older ask their parents or legal guardians for permission before using Bongofree.com or sending any information about themselves to anyone over the Internet.

You understand that, except for information, products or services clearly identified as being supplied by Bongofree.com, Bongofree.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for Adverts-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Adverts. You also understand that Adverts cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the site and the Internet. Bongofree.com provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non infringement, or the implied warranties or merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and Bongofree.com shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. Bongofree.com does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. Bongofree.com has no control over and accepts no responsibility whatsoever for such materials.

All users around the world may post adverts, however the items, goods, services to be advertised must reside and provided in Tanzania. All users may use the website to post advertisements for goods for sale. This is without prejudice to the rights of users outside Tanzania to use the website for the purposes of searching our database of advertisements.

Restrictions on Right to Use

You agree that you will not (and you agree not to allow any third party to):

copy, modify, translate, or reverse engineer any portion of the Website and/or the Bongofree.com Service;

be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate;

identify or speculate as to the identity of any anonymous or pseudonymous user;

post any unsolicited or unauthorised advertising, promotional content, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of commercial publicity;

post Material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party;

remove any copyright, trade mark or other proprietary rights notices contained in or on the Website and/or the Bongofree.com Service or in or on any Content or other material obtained via the Website and/or the Bongofree.com Service;

use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website and/or the Bongofree.com Service;

access, retrieve or index any portion of the Website and/or the Bongofree.com Service for purposes of constructing or populating any database;

collect any information about other users or users of the Website and/or the Bongofree.com Service (including User Identifiers) for any purpose other than to use the Website for the purposes of responding to advertisements or to use the Website in the manner intended by us;

reformat or frame any portion of the web pages that are part of the Website and/or the Bongofree.com Service;

transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

use the Website or the Bongofree.com Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;

copy or store any Content offered on the Website for other than your own use;

use any device, software or routine that interferes with the proper working of the Website and/or the Bongofree.com Service;

take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;

violate any applicable law;

collect or store personal data about other users in connection with the prohibited activities described in this paragraph;

impersonate any person or entity; or upload, post, e-mail, transmit or otherwise make available using the Website any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights. remove any copyright, trade mark or other proprietary rights notices contained in or on the Website and/or the Bongofree.com Service or in or on any Content or other material obtained via the Website and/or the Bongofree.com Service;

You are responsible for your account and its details

As part of the registration process, you will be asked to select a user name and password and you will be responsible for all activities occurring under your username and for keeping your password secure.

Usernames

You may not select or use a username that:

Contains "Bongofree" or otherwise misrepresents your relationship with Bongofree.com or any other party;

Contains any profanity, is vulgar or offensive, or promotes an illegal activity;

Violates any trademark or other proprietary right; or

Misleadingly impersonates someone else.

We reserve the rights to change usernames at our discretion.

Accounts and passwords

We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.

You agree not to use the account or password of another user and not to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

You may change your password or profile by following instructions on the site.

We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.

By providing Bongofree.com your email address, you consent to our using that email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Your interactions with other users

We have no obligation to verify the identity of any users when they are connected to the site or to monitor Material provided by them. Don't send money to any seller by using any means. Read this guide our Anti-Scam policy to identify scammers

Because community standards vary and individuals sometimes choose not to comply with our policies and guidelines, in the process of using Bongofree.com, you may be exposed to content that you find offensive or objectionable. You can report such content to us using the Report Product feature.

Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user.

Bongofree.com accepts no responsibility for transactions that take place on the site. While we reserve the right to monitor or to intervene in disputes between you and other users, we have no obligation to do so.

As with any web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any third party (including any advertiser), we are under no obligation to become involved.

The content you post on Bongofree.com

Responsibility

When creating an advertisement on the Website you agree to provide accurate, current and complete information and to promptly update theinformation you provide to us when it changes. Please refer to our Sellers house rules prior to posting any advertisement.

You are personally responsible for the content appearing in any of your ads and for the goods sold following advertisement. We are not responsible for the goods appearing on the Website that you advertise or purchase, nor are we responsible for the content appearing in any of the ads. To the extent permitted by law we disclaim all liability and responsibility arising from any reliance placed on the content of any ad by any user of our Website. You agree not to post Material contrary to these Terms of Use.

We may, but are not obliged to, remove or limit access to Material from any user which breaches these Terms of Use.

You own all of the Material you post on Bongofree.com and we do not claim ownership of that Material. However, we need your permission to be able to display that Material and in some cases to modify it for best display for different browsers, for our mobile site, and so on.

Consequently, by posting any Material on or through Bongofree.com, you grant us a limited licence to use, modify, publicly perform, publicly display, reproduce, and distribute such Material.

The licence you grant to us is non-exclusive, royalty-free and fully paid, sub-licensable, and worldwide. This licence applies only to use of the Material for the purpose of providing the Bongofree.com service.

You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the foregoing licences to same.

You represent and warrant that: (i) you own the Material posted by you or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of the Material does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material posted by you to or through Bongofree.com.

In order to ensure that threads and conversations are not disrupted, we do not generally remove Material which is uploaded to us. Consequently, you agree that your Material displayed on Bongofree.com may continue to appear on Bongofree.com, even after you have terminated your user privileges or have had your user privileges terminated by Bongofree.com.

Please note that the content of the published ads is provided by external users, and do not represent any views or opinions of Bongofree.com, nor should they purport to do so.

Accordingly, we require that every care is taken by you or on your behalf in drafting the content of your advertisements in order to ensure that they are not in any way defamatory, illegal or in any other way harmful to a third party as you are solely responsible as author and publisher of your advertisement.

We reserve the right to remove any image or content that we judge inappropriate.

Please read our before posting your first listing. In addition to these rules, shops are committed to:

Post ads with accurate details and photos.

Not edit an ad’s description to change it to a different item.

To only post one item per ad, and only choose one category for your ad. Multiple and duplicate ads will be deleted.

Post the same (or lower) asking price as advertised on their website/store, etc.

Mark their ad as sold when an item becomes unavailable/sold out.

Check their ads/emails regularly and respond to comments within 24 hours (except at weekends).

For transparency, all questions and comments are to be published on the ad.

We may at our absolute discretion refuse you access to the site and/or cancel/terminate your user privileges without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your user privileges.

Abudist Mediatech ("we", "us" or "our") reserves the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any Content posted or submitted by you any time without notice to you.

We reserve the right to monitor and to review all Content submitted to us, accessed on or published on Bongofree.com at any time.

You understand and agree that we may review and delete any advertisements, blog postings or other Content that in our sole judgment breach this Agreement or which might be offensive, illegal or that might violate the rights of, harm, or threaten the safety of other users of our Website or us.

Failure by you to comply with this Agreement may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Website and/or the Bongofree.com Service;

immediate, temporary or permanent removal of any posting, material or Content uploaded by you to our Website;

issue of a public (via the Website) or private warning to you;

limit the amount of postings you may make;

suspension, restriction or limitation of any rights or permissions associated with a User Identifier;

legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

other legal action against you; and/or

disclosure of such information to law enforcement authorities as we reasonably feel is necessary

These terms of use, including our proprietary rights, disclaimer of warranties, indemnities, limitations of liability, choice of law and choice of forum, and miscellaneous provisions shall survive any termination of your user privileges.

Without limiting the foregoing, the following will lead to a suspension of your privileges on Bongofree.com:

breaches or violations of these Terms of Use or other Bongofree.com guidelines

requests by law enforcement or other government agencies

unexpected technical issues or problems or

extended periods of inactivity.

Feedback, suggestions and submissions about Bongofree.com

From time to time users contact us with feedback, suggestions and submissions about Bongofree.com and how to improve the site and services we offer. We welcome your input, and the following terms ensure that we can use your contributions to improve Bongofree.com.

You do not have to submit anything to us about Bongofree.com, but if you do you acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or any other submissions to us which may improve our products, services, or offerings shall become our property unless otherwise agreed by us.

By making a submission to us about Bongofree.com, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to us to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, and use and commercialise, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties.

If you do not want to grant us the rights set out above, please do not make submissions to us about Bongofree.com.

Fees

Some features on our website are subject to payment of a fee to Bongofree.com (the "Fee"). The Fee is set out on our Website and displayed to you in the course of you offering to place/bump an ad with us. The Fee for all Bongofree.com Services is quoted and is payable in US Dollars. All prices are stated inclusive of value added tax (VAT) at the relevant rate if applicable.

If your advert happens to be removed, it is our policy NOT to issue refunds. Please contact us if you need advice before placing an ad.

If you mistakenly bump or post the same ad twice, Bongofree.com will only issue refunds on the form of credit to your Adverts account. Cash refunds will not be issued.

Please note that all free credit will expire after a period of 14 days.

This Fee may be paid using your laser or credit card or using Paypal (you will be subject to Paypal's User Agreement).

Links to and content of third party sites

Links to other websites

This website contains links to other websites operated by third parties over whom we have no control. Such links are provided for your convenience only and we accept no responsibility or liability in respect of the content or use of other websites.

Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The fact that these links appear does not mean that we endorse these third party sites or services.

If you do decide to leave the Bongofree.com site and access third party sites you do so at your own risk.

Third Party Content

The inclusion of any content from other sites, either quoted directly or linked to ("Third Party Content") on Bongofree.com does not imply our affiliation or endorsement of such Third Party Content.

You understand that by using Bongofree.com you may be exposed to Third Party Content that is offensive, indecent or objectionable.

Because we do not control third party sites, you agree that we are not responsible for any such Third Party Content and that this is the sole responsibility of the person from which such Third Party Content originated, and we have no obligation to monitor such Third Party Content.

Notwithstanding the foregoing, we reserve the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third Party Content in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind.

Intellectual property

All website design, text, graphics, the selection and arrangement thereof and all software are copyright Abudist Mediatech., unless otherwise indicated. All rights reserved.

These do not include Materials which are the property of advertisers or users.

You acknowledge that all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to Bongofree.com (collectively "Intellectual Property") are solely owned by us.

You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property without our written permission.

Privacy

Your privacy is very important to us. Please read our Privacy Policy to see how we collect, use and protect your personal information. We recommend that you read this before you use or register with Bongofree.com.

Rights and Responsibilities of Bongofree.com

Liability and accuracy:

We do not make any warranty or representation as to the accuracy or completeness of the information contained on this site. Material posted on the Site is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Material by any user, or by anyone who may be informed of any of its contents.

We have no obligation to monitor or moderate any user's activity or use of our Website and/or the Bongofree.com Service, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with this Agreement.

Although rigorous protocols are applied to the website we do not make any warranty that the website is free from infection by viruses or anything else that has contaminating properties.

Under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Under no conditions and in no event shall we be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms of Use or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.

Users:

We may at our sole discretion for any reason (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of Bongofree.com, (ii) remove and discard any posts or Material within any thread or anywhere on Bongofree.com or (iii) shut down a discussion, thread or forum that you are involved in, with or without notice, and with no liability of any kind to you.

Availability of service:

We may at our sole discretion and at any time, discontinue temporarily or permanently providing Bongofree.com, or any part thereof, with or without notice.

You agree that any termination of access to Bongofree.com under any provision of these Terms of Use may be effected without notice, and acknowledge and agree that Bongofree.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Bongofree.com.

Bongofree.com may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to Bongofree.com. However you agree that we shall not be liable to you or any third party for any inability to access Bongofree.com, termination or suspension of access to Bongofree.com or modification of the service provided by Bongofree.com.

Indemnity and waiver:

You agree to indemnify, defend (at the request of Abudist Mediatech), and hold harmless Abudist Mediatech., our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of your use of Bongofree.com or any part thereof, the violation of these Terms of Use by you, or the infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use Bongofree.com, or of any intellectual property rights of any person or entity, or the use or misuse by you or third parties of your passwords or accounts.

You acknowledge that your use of Bongofree.com including any material downloaded or otherwise obtained through Bongofree.com is at your own discretion and risk and you agree to waive any right to bring any claim or action against Abudist Mediatech. or our successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from such use.

Information Society Service Provider

You agree and acknowledge that Abudist Mediatech is an information society service provider, as defined in Directive 2000/31/EC and transposed into English law by the European Communities (Directive 2000/31/EC) Regulations, 2003 (S.I. 68 of 2003), and that we are not under any obligation to monitor the information which we transmit or store. You agree and acknowledge that we shall not be liable in respect of information which is hosted or cached by us or in respect of which we act as a mere conduit.

Entire agreement

These Terms of Use make up the entire agreement between you and Abudist Mediatech. and supersede any prior agreement.

No partnerships/joint ventures

Nothing in these Terms of Use shall be construed as forming a partnership or joint venture with you. No third party company will have the right or ability to create any obligation on our behalf.

Governing law

The agreement shall be governed by English law and you consent to the exclusive jurisdiction of the English courts in all matters regarding this agreement and your use of Bongofree.com

Severability

If any provision of these terms of use is found to be unenforceable the remaining provisions will continue to be of full force and effect.

No waiver

Any amendment to or waiver of these Terms of Use must be in writing and signed by our authorised representatives. Failure to enforce any provision of these Terms of Use shall not amount to a waiver of such provision.

Contacting Bongofree.com

You can contact us in the following ways:

Using our contact form

By post: 4 Orwell House Cambridge CB4 0PP.

We welcome your feedback on this document and thank you for using Bongofree.com.

Additional Terms

The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites. We expect you to read all of the linked documents carefully: